Te Tiriti, Tikanga, and Employment Law in an Election Year
We wish everyone a reflective and relaxing Waitangi Day
Waitangi Day is a time to pause, reflect, and reconnect with the principles that shape our shared working lives in Aotearoa. We wish everyone a reflective and relaxing Waitangi Day, a time to rest, to consider our responsibilities to one another, and to look ahead with care, good faith, and respect.
Waitangi Day is also a time to reflect on Te Tiriti o Waitangi as a living document, one that continues to shape relationships in Aotearoa, including those within our workplaces.
In 2026, that reflection carries added weight. It is an election year, and employment law, and the role of tikanga in workplace decision-making are once again part of an increasingly contested public conversation.
For employers and employees alike, this matters.
As BuckettLaw has long observed, Te Tiriti o Waitangi is not confined to constitutional debate or public law. Its principles, partnership, protection, and participation, are already influencing employment law in practice, even where the Employment Relations Act 2000 makes only limited express reference to Te Tiriti. [buckettlaw.co.nz]
Recent Employment Court decisions have confirmed that when employers choose to incorporate tikanga Māori or Te Ao Māori values into their policies, codes of conduct, or workplace frameworks, those commitments carry substantive legal weight. Tikanga cannot simply be referenced in principle and ignored in practice.
In other words: what is said matters, but how an employer acts matters more in ensuring our workplaces reflect the jurisprudence and the spirit.
Tikanga Māori aligns closely with the core objectives of employment law: fairness, reasonableness, good faith, and the maintenance of employment relationships.
Concepts such as mana, whanaungatanga, and restorative resolution sit comfortably alongside existing legal obligations, and in many cases offer richer, more relationship-centred ways of resolving workplace issues. [buckettlaw.co.nz]
Practically, this means:
Recognising the importance of kanohi ki te kanohi engagement where appropriate. Mediations by zoom don’t count
Understanding that employment issues may have collective impacts, not just individual ones
Ensuring workplace processes do not unintentionally undermine mana or cultural identity or dimensions
For Māori employees, these considerations are not abstract. They shape whether a workplace feels safe, inclusive, and genuinely committed to good faith.
Election years often bring renewed scrutiny of Te Tiriti, tikanga, and Māori participation in employment scenarios. Policy positions advanced during an election cycle can create uncertainty for workplaces, particularly in the public sector and for employers who contract with the Crown.
Yet regardless of political debate, the courts have been clear: tikanga Māori is a legitimate and growing source of law in Aotearoa, including within employment relationships. That legal trajectory is not dependent on election slogans or shifting policy priorities.
For employers, this means:
Taking a cautious and informed approach to proposed changes affecting Māori rights or employment protections
Avoiding reactive rollbacks of tikanga-based practices that may expose legal risk
Understanding that good faith obligations remain constant, even in times of political flux
Waitangi Day is not about performative compliance. It is about thoughtful leadership, being willing to engage honestly with Te Tiriti principles, to listen, and to act consistently with the values an organisation claims to uphold.
As Aotearoa moves through an election year, workplaces will continue to be places where law, culture, and power intersect in very real ways.
Employers who approach this moment with care, humility, and legal awareness will be better placed to foster durable, respectful employment relationships that endure beyond political cycles.
At BuckettLaw, we continue to support employers and employees navigating these issues, grounded in the law as it stands, attentive to tikanga, and mindful that Te Tiriti remains a living guide for our shared future.
